Some DCFS/CPS/DSS agents DO want to help you and the families they serve, and some don't. The information contained in the Central Registry is pretty confidential. If necessary, the family court may grant an additional 15 days to complete the investigation if there is a good cause to do so. The coronavirus pandemic has forced many changes on society, and the way we do things. DONT SIGN ANYTHING until you have consulted a reliable counsel. Contacting us does not create an attorney-client relationship. On December 14, 2022, SC issued a notice in another plea filed by a same-sex couple. This will help you to get the best advice possible on how to fight your case. If you overstep the boundaries set by DCFS at these visitations they will terminate the visits early and try to make it more difficult for future visits. If you cannot afford a lawyer, you can apply for appointed counsel by filing an application with the clerk of court. Treatment plans can include things like cleaning unsanitary houses, submitting to drug testing, submitting to anger management classes, substance abuse counseling, and keeping children away from certain individuals. If the parents havent completed everything they were supposed to, the court has the option to forego termination of parental rights at this time and extend the plan if the court believes that the parent(s) have tried hard to correct the problems leading to removal, that there is reason to believe the problems will be fixed by the end of the extension, and that termination of parental rights is not in the childs best interests. DCFS keeps all kinds of recordsDont let them tell you anything different. At King Law Offices, it is our goal to provide access to anyone who needs a lawyer in North Carolina and South Carolina, so they can receive the attorney services they need. You have the wrong attorney if you see him being chummy with the social workers or opposing attorneys. Contact our Hilton Head Island, South Carolina, based DSS case defense law firm today at 1-800-996-0683 or 1-843-474-0614 (You Must Dial the 1 First). We had also started the Suboxone treatment on our own, so it was obvious we wanted to be clean. Later, the caseworker added that we need to have a psychiatric evaluation. In some cases, the family court will also appoint an attorney to represent the child but this is not as common. DSS cant take custody until they have a court order or until after law enforcement has already taken emergency protective custody. If the placement cant be made within 5 days, then a probable cause hearing will be needed if the parents request it, or DSS will need to file a petition for removal. In my personal experience it is rare that a parent refuses this instruction for their child, even though that is the RIGHT of every parent to do. The South Carolina supreme court upheld the verdict in that DSS case. There are three variants; a typed, drawn or uploaded signature. The court has the option of ordering DSS supervision up to 12 months. What Are the Grounds for Divorce in South Carolina? How do you fight DSS in SC? Those children who truly need these services should receive any and all protection afforded them and they are the ones who need a new home and a loving family, but social services even fights to deny them this right. Its hard for us to see him because he gets out of school at 2:15, she usually runs errands, and when she finally gets home, its dinner time and they eat out every single night, which is not good for him. Many times, this is where the attorneys, DSS, the Guardian Ad Litem, and the judge speak about the allegations and whether or not the parents want to stipulate to the allegations in the petition. Review hearings are conducted to review the progress of both the parents and the children involved. 3. This family has done everything that DSS has asked of them and I have no doubt that reunification will occur on or before the end of the school year (about 5 weeks from this writing). Parents and children hold reciprocal property rights in each other. 0000007675 00000 n Additional contact information is available on the Contact Us link on this website. Dont do it! Click on the "Contact Us" page and fill out the contact form. I'll get back to you to discuss your case. All parties involved have a chance to speak at this stage as well. We are not able to attend every single class of the week but we work and cannot lose our jobs, or she wont let him come home for that. When they do give you copies of the records they black out key parts so you cannot see their dirty tricks or the lies that they have posted in the records. Copyright 2022, Babb Law Firm, 1326 Folly Road, Charleston, SC 29412, Department of Social Services (DSS) Basics, DSS Child Protective Services Removal of Child, http://aspe.hhs.gov/poverty/12poverty.shtml#guidelines. It is unfortunate but the courts frequently turn a blind eye to the wording of our Constitution contending that the best interest of the child overrides the law. The plan will have a set date for certain goals to be completed. The plan will be prepared by DSS and will lay out any changes in parental behavior or home conditions they believe should be made. You can fight DSS. Insert and customize text, pictures, and fillable . What one state said the other backed up but we never quite knew just who we were dealing with. Once the children are removed from the foster caretakers it is rare that they ever are returned. Click on the "Contact Us" page and fill out the contact form. Decide on what kind of signature to create. Find out if you are the father as soon as possible. They severed ALL contact between us and our daughter. They will try every trick in the book to gain entrance to your home but if you are smart you will block their efforts. Dustin Lee, Esq. Use of this website does not create an attorney-client relationship. You know you have the wrong attorney if you are told to cooperate with DCFS. DSS has filed a petition what are my rights? This can create substantial delay. If your income falls below the HHC Federal Poverty Guidelines (http://aspe.hhs.gov/poverty/12poverty.shtml#guidelines), the court will appoint a lawyer to represent you. They make absolutely amazing statements on paper when they think you will never see them, so be diligent and obtain everything that you can to help your case. A review hearing will be held within 1 year of the date of placing the child in foster care. Services can be as simple as parenting classes or can involve intensive counseling programs. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Frequently it is the foster/adopt family that faces these false allegation difficulties because the system fully realizes that once these children are adopted out of the system they will lose major funding and this could mean a loss of jobs or programs or worse. Then the caseworkers tell you that the child has formed a bond with the new foster caretakers and that your bond has been broken, so they have decided not to return the children to your home. This web site is designed for general information only. The Dispositional Stage is where the Court determines the plan moving forward for the children that were adjudicated as abused, neglected or dependent. We hired an attorney, who we found out too late was pro CPS, and drove over eight hours to get to the Fair Hearing, only to be refused entrance. An appeal begins with a contested case hearing. If the determination of abuse or neglect is upheld at the hearing, then the person charged can petition to have the case heard in family court. If you go to one selected by them, despite the patient/therapist confidentiality rule, they have access to all the information needed to build their case against you. Box 1520 Columbia, SC 29202-1520 Telephone Numbers Emergency Hotlines & Toll Free Numbers Additionally, the states economy would suffer, as businesses would be forced to close or scale back operations due to the lack of child care. In our case our California hearing was delayed three times and each timetwo weeks prior to the planned hearingI received an amended list of allegations. The hiring of an attorney is an important decision. 0000003383 00000 n There are protections for certain types of reporting. 0000002622 00000 n If you are lucky enough to obtain a visit or two, make sure you reassure them that you still love them and are fighting to get them back home, if that is what they want. Too late I discovered that I could have petitioned the court myself to get these records. Even in the biological family DCFS rarely meets their obligation on this time constraint on keeping the children. Contact us today for a consultation. The fourth section addresses the temporary placement of the child. For example, the court may allow visitation but only if supervised or prohibiting the child to be brought around certain people such as a violent boyfriend of a mother. If DSS takes temporary legal custody of the child, then in most cases it will still reveal the location of the child to the parents and attempt to arrange visitation unless there are good reasons why visitation or revealing the location should not happen. At the beginning of the hearing the attorney puts on the record that she/he is neutral and has no interest in the outcome but this is a big joke. Even though you know you have not done anything wrong, and you believe that the truth will come out at the hearing, nothing could be further from the truth. At any time following receipt of a report of abuse or neglect, DSS can petition the family court for an order to place the person in the Central Registry. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. 0000028401 00000 n Using this information, you can work with him to provide information and other evidence to build a defense. What is a Separation Agreement? A petition states the allegations from their report and lays out whether there are allegations of abuse, neglect, and/or dependency. Download Our Free Book on South Carolinas Divorce Laws. Work First. This is just a basic outline of the process if DSS were to become involved in you and your family's life. We have child custody lawyers in Raleigh and throughout North Carolina. It's a scary situation, and you need to know your rights. No person, no governmental agency can impose itself into your life and the life of your family without complying with specific procedures designed to protect to your rights in your property. The goal is to protect the child from further abuse or neglect and to remedy any physical, emotional or psychological harm the child may have suffered. We can be reached at (828) 286-3332 or www.kinglawoffices.com. We have experience in the following DSS case defense areas: Our DSS case defense attorney, Dustin Lee, is dedicated to providing the highest level of service and professional representation in family law matters. Brief Overview DSS Case Defense Family Law Practice. Without seeing the various charges DSS may have filed, what sort of treatment plan they have put in place, and without seeing any and all Orders issued by the Family Court with regards to your case, I would have a VERY hard time giving any sort of statement as to what your success against DSS might be. They need to report it, just in case! They are told if they dont they can be prosecuted and perhaps even lose their job. 0000003990 00000 n The second section talks about what specific actions must be taken by the parents and what services will be made available to the parent. They will try many times but you must be consistent in your refusal to admit them. DSS can show up anytime of the day or night. 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