What Happens If DSS Takes Your Children?

DSS may come into your life for multiple reasons.  Sometimes it is for a good reason and sometimes it is completely frivolous.  When it comes to having your children removed from by DSS it can be a very distressing situation.  Regardless of the reason for the removal of your children the Family Court must hold a probable cause hearing within 72 hours to determine if DSS had probable cause or a good enough reason to remove your children.

At this hearing, DSS generally has the upper hand.  In almost all cases, defendants are not represented by an attorney at this hearing and they have no idea why they are in court, what has happened to their children and what they have to do to get their children back.  At the probable cause hearing, DSS will call witnesses and attempt to prove their case while you will not be allowed to testify.  You will have an opportunity cross-examine the DSS witnesses and you will be able to submit affidavits to the court supporting your situation.

If you are unrepresented at this hearing and are unable to afford an attorney to represent you, the family court will appoint an attorney to represent you.  This is great, except that not all attorneys that are on the appointment list handle family court and DSS matters.  You may get an attorney who makes it his goal in life to stay away from a court room.  A guardian ad litem will also be appointed to represent your children and to perform an investigation for the Court with their mind set on determining what is in the best interest of the children.

I would recommend that if your children have been taken from you by DSS you should immediately contact an attorney who is experienced in representing people in DSS matters.  There are strict time lines and regulations that DSS must comply with and if they don’t it can help your case.  Only an experienced professional will know these things.  You should not go to a probable cause hearing unrepresented if you can help it.

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41 Responses to What Happens If DSS Takes Your Children?
  1. Theresa D.
    January 9, 2010 | 5:43 PM

    Hello, I’m the God Mother of a child who has been taking from the birth mom and placed with DSS,and a foster family. I have been in the past the one they would place the child with in case of a problem that has acured with the mom but this time they did not place her with me, and the mom is now going to go back to jail, for none child suport for another child that the other father has and the birth mom and i was trying to find out if she has the right to place her with some one , me the God Mother i have cared for the child since she was born , i would get her weeks at a time and months i cared for her as if she were my own i love her , and don’t want her to have to be in the foster system , when to the court hearing when the problem happend back in april 2009 and they told me i did not make enough to keep her i to have a 3 year old little girl and my God Child is 5 they play very well together and love each other and we don’t get to visit but every 2 weeks for one hour and it is hard for my daughter to understand why her God Sister can’t come spend the night or come see her any more it has not efected just one party but all invovled I want her but DSS is trying to take her from the birth mom for good the mom has been in and out of jail for fighting and drugs and tring to kill her self she has some big problems and i dont think the child should go back to the birth mom. So what we are trying to find out is dose the birth mom have the right to choose some one for the child to stay with now since she is with the DSS System and in Foster Care if she dose have the right what do we need to do? And how do we go about it? The birth mom has till april 2010 I think to finish all that the judge orderd for her to do I don’t think she has fininshed all and if she gose to jail how will that work with her not being able to complet all that was ordered? So you see I need help to understand how the system works I want the child with me I do take care of her like my own I was the one who potty trained her and taught her her colors and abc’s and read books to her and just loves on her and give her attention that she so deserves.

    • Tripp
      January 11, 2010 | 12:53 PM

      Hi Theresa,

      Thanks for your question. I’m sorry to hear of the situation you find yourself in. Certainly, it makes sense for you to have placement of the minor child because of your relationship with him rather than he being placed with a foster family that he does not know. But, this is more of a situation where the biological mother and her attorney will need to make this request from DSS and the Family Court. Since you are not a party to the action you will not have standing to go to court and ask for the placement of the child. Generally, the court would like to place the child with a family member, but it is not unheard of for the child to be placed with someone who is not a biological family member. A pre-placement home study is required before the child can be placed with you.

      As always, I need to do my ethical duty as an attorney and let you know that this blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any information from this site, you should consult a competent attorney to discuss the specifics of your case.

  2. Janette
    February 28, 2010 | 12:16 AM

    I am a grandmother who now has custody of my grandaughter. She had a broken arm and buckle brreak in her leg. My daughter did not know how it happened and past a polygraph. Her fiance who is not the father was not able to take the ploygraph because of a back injury in Iraq. My husband and I and my grandaughters other grandparents have no problem with the baby going back to her Mom. We have never suspected the fiance of doing anything. The fiance has his own children and there has never been question of abuse with them. This has been going on since last April. They have done everything DSS has told them to do. After the polygraph my daughter was able to see her child unsupervised, but a month ago they recended that. After Parent councelors saying there wasn’t anything needed, they made them see if anger management was needed and it wasn’t and a councelor to make sure the fiance wasn’t abusive, he saw no problems, DSS has decided there hasn’t been any progress and it is going to family court. They called the biological father and asked where he wanted his daughter to go and told us we would get custody. The biological father is in the military and doesn’t want to have her. Also, DSS said we couldn’t get a guardian ad litem they had to order one. Can we? I know if they saw how my daughter and fiance were they would see the baby would be fine. Is my daughter seriously in danger of losing her parental rights? We hired a lawyer when they arrested her. They said the charges were being dropped because she passed the polyggraph. Do we need to change lawyers and not pay thousands to do it. He hasn’t done anything the coucel us on what to do. My husband was laid off and we are hoping he gets a job before family court and DSS finds out. Will that be a problem if they find out and my daughter loses custody? We haven’t the money to get another lawyer and are being bullied by DSS. What should we do in our situation to make sure the best is done for our granddaughter.

    • Tripp
      March 5, 2010 | 9:55 PM

      Hi Janette,

      This is a very serious situation that will require the assistance of a lawyer and I would encourage you to speak with a lawyer immediately about this case.

  3. Lorie
    May 1, 2010 | 2:18 PM

    I have a friend that is in a lot of trouble. She has been involved with DSS a couple of times and got her kids back and the case closed. Well they have got involved once again under the wrong circumstances (at least this time anyway). Well the other day something happened and my friend got in trouble with the law in another state, so my question is, if DSS is involved in one state and someone goes to jail in another state are DSS automatically called or do they have access to information like that.

  4. Mary
    July 7, 2010 | 3:10 PM

    My grandaughter was taken by Dss. and I need to find a lawyer for my daughter. My daughter argued alot with her boyfriend and they thought that it could result in hurting the their child so they took her. would really like some advise.

  5. Felicia
    July 14, 2010 | 8:15 AM

    Is there a way to get a child back BEFORE a probable cause hearing? Mother had child taken in emergency placement because the living environment was determined not safe due to cleanliness, pest, & broken AC.
    Can the mother get child back before 72 hr probable cause hearing if the mother has removed herself to a better environment? Can DSS evaulate the environment prior to the hearing and the child says with the mother until the hearing? If not is there anything (besides getting a lawyer which is being taken care of now) that the mother can do before 72 hours?

    • Tripp
      July 14, 2010 | 8:28 AM

      Hi Felicia,

      Typically not. There is no harm is asking the caseworker/DSS investigator to come out and check out the new place. However, this early on there may not be an assigned investigator or caseworker and DSS is usually pretty tight-lipped until the 72 hour hearing. By showing the problem has been fixed, the chances should be increased to have the child returned to the mother following the 72 hour hearing, but the case will likely not be dismissed at that point.

      DISCLAIMER: I need to do my ethical duty as an attorney and let you know that this blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any information from this site, you should consult a competent attorney to discuss the specifics of your case.

  6. k
    July 19, 2010 | 11:50 PM

    is there any way to find out if someone has been removed by dss for a short time ? thanks

    • Tripp
      July 20, 2010 | 12:38 PM

      Probably not. DSS cases are “closed” files meaning you cannot go up to the family court clerk’s office to pull a DSS removal/abuse file to see if a child has been removed or to see if a parent has an abuse/neglect case pending or finalized against them. There is a central registry where some people who are found liable for abuse/neglect are placed, but I do not think that is a public registry (like the sexual offender registry). That registry is typically used as a reference in a background check (like a child care center might perform prior to hiring a new teacher).

  7. Emily
    July 29, 2010 | 1:52 PM

    We are battling DSS right now. Our child was removed from our home almost 7 months ago. He was placed with my parents. My husband, who is the step-father, was arrested. We did not have a 72 hour hearing. Should we have? Also, does the caseworker who investigates have to be included in the meeting with the supervisors when they decide whether or not a case is indicated or unfounded?

  8. Virginia
    September 22, 2010 | 11:42 AM

    My grandchildren were placed with me by DSS as they were already living with me, there mother is in a woman’s sheleter ie drugs and alcohol recovery, all biological parents me to have legal custody until one or the other if any can ever get into a positon to have custody themselves and I am in total agreement. This was areed upon last time in court with the judge saying to DSS draw up the papers and I’ll sign. However the court order simply states we will stay status quo and visit case in January. How long can DSS keep this case open before they have to make permanent placement of the children?

    • Tripp
      September 22, 2010 | 3:48 PM

      Hi Virginia,

      I know it feels like the case is going on forever. However, DSS is under strict statutory time frames to push their cases through into a more permanent place. They do not have infinite patience and eventually will close the case out depending on how the children are doing and the status of the parent’s completing their treatment plan. Eventually, a permanent plan must be put in place and the case will close.

  9. My Babies
    October 8, 2010 | 12:04 PM

    I am looking for a good lawyer to get my kids back. My parental rights have been taken away and they have been placed up for adoption. I havent did anything wrong i havent harmed neither one of my children. They wouldnt even place my kids with any relatives before putting them into foster care. I have been fighting for my kids since 2004 and my rights got terminated this year. They didnt have anything on me i did nothing wrong. I had paid a lawyer all the money i had which was $3700.00 and he basically took my money and ran. I had to end up getting a public defender and didnt get my children back.

    • Tripp
      October 8, 2010 | 12:36 PM

      My Babies,

      Thanks so much for your question. I’m so sorry to hear about the situation you find yourself in with DSS removing your children. I’m afraid that you are facing an uphill battle if your parental rights have already been terminated by the Family Court. Please contact me if you would like to discuss further.

  10. l black
    November 10, 2010 | 12:17 AM

    I obtained joint custody of my niece with her father because her mother was on drugs and we wanted to avoid her being taken by dss. DSS removed all of the mother’s other children and they were placed. The mother has been on drugs for the past 13 or more years. My niece is now 15 and I have had custody for 7 years. Her father died several years ago and I have full custody. Her mother was recently released from jail and has been promising the kids that she is going to get them back. Can she get them back. I was told by dss that I could not place the child back with her without the mother completing treatment or I would be charged with neglect. What are the chances of the kids being placed back with their mother? She has not completed treatment. the last two kids tested positive for crack and she never completed treatment and was never charged with that.

    • Tripp
      November 15, 2010 | 2:36 PM

      Hi L,

      I don’t think there is much need for worry in this case. In order to regain custody the mother would have to petition the court for custody of the minor children. Prior to being awarded custody she would have to complete her treatment plan from DSS. Since that is not happening there is really no chance of her regaining custody. Should she complete the plan, she would then need to file a new action for custody which you would be able to participate in and seek to keep custody.

      I hope that helps.

      This blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any legal advice from this site, you should consult a competent attorney to discuss the specifics of your case.

  11. melissa
    December 23, 2010 | 10:21 PM

    my fiance and I are trying to find out if there is any way to go about trying to get his daughter back. She was taken from her mom around christmas last year in south carolina but he lives in New Mexico and when calling DSS he got the run around from them and still is. We do not know where his daughter is at this point or where to start to try and find her. I’m just wondering if you had any advice as to where we should start? Anything you could tell me would be greatly apprieciated.
    Thankyou, Melissa

  12. Tracy
    January 3, 2011 | 2:20 PM

    I had my kids taken away in november of 2009. They live with my parents right now.
    My husband and I have done everything following the 6 month treatment plan and we have passed their recent drug test. Now dss says they can not place our kids back with us until our criminal charges have cleared or that they have proof we will be put on probation… Can they do that? It has been over a year now how long can they keep my kids from me?

  13. nikki
    January 11, 2011 | 8:10 PM

    dss took 2 of my kids and placed with their father who has no custody at all i am the mother and have full custody but they allow me to live with my daughter and my boyfriends parents dss took my kids on march 2010 and i have never been in front of a judge can you tell me what my rights are and what i should do also i would like to know if how dss went about this whole thing is even legal?

  14. DANIELLE
    January 13, 2011 | 3:14 PM

    i was going to give my daughter up for adoption,and i was told i had 3 days to change my mind so the very next day i changed my mind,and i was informed i could not get her because cys was involved.i was living in pa at the time of her birth,now i live in scand my daughter is gonna b 4mo old and nobody will let me know where my paper work is or when i will get my daughter back. it is a matter of paperwork and a home assesment that needs to b done in order to get her back.is there a time frame on how long this will take and what can i do to help speed this up?

  15. April
    January 16, 2011 | 9:57 PM

    My children were removed from my custody, by my mother in law, then she called dss. I’ve never had a probable cause hearing. My attorney is not representing me, is there help out there? –April

  16. beverly
    April 26, 2011 | 3:33 PM

    I had temporary custody of my nephew 2 and a half years ago. We found out that he was abusing my daughter so I took him back to dss to have them place ihim in a foster care facility. Now they are charging me with physical neglect 2 and a half years later. Is that possible because I had discussed them placing him before I took him and they have sent me no notice of any wrong doing until I got this paper to be in court.

  17. jen
    May 17, 2011 | 12:11 AM

    i was at work when i received a call that my child had rolled off the couch, while under the care of his father. the EMS had cleared him and said he did not have to go to the ER, but i insisted. upon arrival tests were done and he had a subdural hematoma and retinal hemorrhages. the officials said that this MUST be a shaking baby case and this injuries could never had happened by this simple fall. i have failed to mention to you that my son was a 25 week preemie and had stayed in the NICU for 4 months, has cerebral palsy, PVL, cortical blindness and ROP stage 3. his clotting factors on this admission to the ED was abnormal as well. DSS has now took all three of my children from me (they are in kinship care) and are insisting that me or my husband MUST have hurt my child. i’m scared and do not know what to do. please help. i know i need a lawyer but i’m scared of not being able to afford one. i’m so scared and worried. any ideas?

  18. mindy
    May 19, 2011 | 1:25 AM

    hi. i need some major help. last week my daughter was taken from me through dss on the fact that my father who was liveing with me at the time was accused of child molestation, which is false and there is no proof. i was told that when my dad left i could get her back and that it was only an 72 hr emergency case. but i went to court on monday and they hade papers waithing for me knowing before i even went into the court room what they where going to do. they made me seem like a horrible person when i never did anything wrong, but stand up for my dad as well as my daughter. now they want to get me for child abuse and neglect and i havent been able to even talk to my daughter since they took her. the judge did say i was allowed supervised visitation, but havent been able to get ahold of anyone yet. they lied to me and noone calls me back. i cant afford a lawyer or know to call if i did. i need help bad. please.

  19. jen
    May 26, 2011 | 4:16 PM

    A couple of months ago our toy poodle dog tripped my fiance he fell with our baby,our son seemed fine otherwise we would have taken him to hospital.Two days ago my fiances back went out he has bad scoliosis in spine he fell with our son again,We took him to his check up yestday and he had tiny bruise on lip and forehead,they called dss and they took our son.We dont abuse our son he’s our world will we get him back?

  20. jen
    May 26, 2011 | 4:20 PM

    I forgot to mention they took x-rays on him he had a fracture on rib that that happend from the fall from the poodle we had no clue he seemed fine.Were not guilty and they look at us like we hurt our child

  21. Michelle
    July 21, 2011 | 9:15 PM

    My children got taken away when my youngist son got bit by a dog, i didnt have a hearing and my children were placed with family, they said i will most likely have to do parenting classes but they want tell me where i need to go. please someone help

  22. brittany
    July 28, 2011 | 7:40 PM

    I have a 2 & 1/2 yr old and an 8 month old. When my youngest was a month old I started working and her ARM got fractured by someone in my Fam dcbs is blaming my fiance and they gave us a case plan he’s almost done with his stuff but I feel like they aren’t goin to give them.back when its all done…

  23. Felisha
    September 14, 2011 | 4:51 PM

    My daughter was taken from me the first time in 2009 when she was 5months old. The first worker was very helpful let me live with my parents and my daughter. I got placement of her and then taken for non communication which i let her know where I moved to and the phone number. A month later I got her back and then she was removed because we seen her father which there was a no contact and i let him talk to her and vice versa. They found out and took her from daycare and placed her in a foster home and wouldnt give her to my parents because i was there and this is with the new worker i got switched to at this exact same time. After two weeks she was placed with my parents. I was allowed occassional unsupervised except by my parents with my daughter and two visits a week at dss. I didnt start using again until this last time she was taken. I have been working hard to get things in order. I went to a 90 day program but they lied and denied me to see my daughter. After I was kicked out for having my mom drop off a case of soda which i had a friend drop off to her as she was the only one who could bring me anything which had a baggie with four pills in it. I was kicked out and then lilly was removed from daycare the next day. They accused my parents of knowing which they did not. We went through a trial and everything. The first two judges said shame on dss and then after going to a third judge as dss changed venue he agreed with them. After this everything has went down hill. My worker gets in my face and yells at me, and over the phone. My worker wont return phone calls and misses meetings with me. My workers assistant slamed the van door on me during an argument over a book i let my daughter have for the drive that reads out loud. Other workers have told me to put in grievences which I have now done. They have shared information which is confidential with the fathers family and memebers of my family which there is not a release for. They wont liscense my sister and her husband saying we can but you still wont get lilly becasue you are not a fit for her. Ever since that day they have done everything except to help me. I have tons more of unproffessional and grueling things I could say that has happend like me telling them for four months that she was lactose intolerant and to tell the foster family to stop giving her milk. she came to visits with rashes on her bottom and her face from it. she also was sick for the first three months. her appoinments that i had told them about were not gone to. She had tubes in her ears and she would come with fluid coming out of both and they just acted like they would do something but it took four months before they would finally just let me take her to the docter after i had to involve her supervisor. I need any information or any advice on how to fight these people. They are now threating TPR I can not live with out my daughter. It would be one thing if she was with family but i want her with me. PLEASE HELP ME!!

  24. Stephanie Moore
    September 17, 2011 | 9:20 PM

    I was just curious. DSS took my children earlier this year and I have been asking for a lawyer. They told me that I would get paper work to get one when decisions were made on what path there were going to take on the case. Now they have decided that they will give me a court date for October. My husband who is in jail told me that they told him that he would be able to get a lawyer on the day of court. I think this is a little crazy because I think it is important to be prepared for such a serious thing. DSS told me that they are going to be asking that my stepmother recieve temporary custody and it will be up to the judge on what steps are taken. My children and I want to be rejoined as soon as possible. My husband is charged with child abuse for spanking my daughter to hard and I am charged with knowing but not telling. Even though I my daughter and I have both said I don’t know. Is that the normal way things work for family court that you don’t get time with a lawyer ahead of time to prepare your case. I have witnesses and evidence to present in my defense.

  25. Maleah
    September 19, 2011 | 12:19 PM

    Hello, my children were taken into DSS custody on April 29th. We were then ordered to attend drug classes and my husband, Fatherhood classes and get a steady job. We were told that if all of this was completed, we would get our children back. We have done all of this and after DSS requested more drug tests, they came back negative. DSS doesn’t have us going to court until Feb. of NEXT YEAR!! We do not know what to do next! We have done over and beyond the expectations they have for us and we are not getting any of the promises they told us. We can not afford an attorney and need help! What can we do??

  26. Tammy
    October 5, 2011 | 6:55 PM

    Yes i have just recently read MY BABIES comments and i have the same similuar problem as her cause i was a victim to of dss removing my children from my house for no apperant reason i have not did anything wrong to deserve this at all my childerns where place in foster care cause my aunt got tired of them being in her house i came to find out that the case worker that is over the case didnt care about my childern at all i ask her to wait so that i can speak to my aunt to see if she will let them stay with her well all along while i was talking to my aunt she went to the judge and he signed the papers to put them in fostercare and my aunt said that she would keep them however she went to the court house and told them that she dont want them at her house anymore is there any possible way that i can get some legal advice cause i truly believe that i have been mistreated my the oconee dss or is there anyway i can get another case worker to represent me and my childerns cause i really feel that the case worker was tring to take my kids from me allong

  27. kelley
    October 19, 2011 | 10:04 PM

    I have question and concerns about how dss decieve parents who is naive and believe everyword from the social worker, my concern is my grandchildrens. my daughter had a relateship with a police officer who involve with drug and alcohol and the police office is 47 years old and my daughter is 21 years old . my daughter has been on ssi since she was 15 years old. i feel that she has been manipulated all the way around. the police office got her pregant and the baby was born in august of 2011. on monday 17th, my husband brought my daughter and her 2 children home and the police office came out of his house and started running his mouth, my grandchildren stay inside the van , my daughter went into the house where the police office off duty and his oldest son are in the house when my daughter walk into the house and the police officer grab my daughter by her face and lifted her up in the air and throw her down on the follow while his son was presant. and now my daughter is getting shafted and my grandchildren were not in the house while this was happening. what should i do and what kind of advise will you and me can give to my daughter to clear this mess, and i want to get my grandchildren into my home, dss said no because my husband has a driven record. hope I will be hearing from you soon . i need some legal advise please, i want to bring my grandchildren home to me. thank you kelley

  28. kristina
    December 1, 2011 | 12:20 PM

    Hey, my name is kristina my neice was taking into dss about 3 months ago and has been placed with a foster family. They had an emeragy hearin for the well being of her but one of her grandmothers lied to us about the time of the court hearing, and she decided to place her in dss! Now i am trying to get her and so are both of the grandparents now in which one of them placed her in dss and the other has to may medical problems and is the parents of the father of my neice and he still lives in the house with them and is on drugs but i have no way to prove it, they are just making this hard on the baby when i have two kids one 3 and one 8 i have no health problems and have a really close relationship with her but one of the grandparents has an attorney i dont know what to do i just what her home before christmas with someone she loves and not around drugs. so please what should i do

    • betty alsbury
      January 25, 2012 | 9:01 AM

      hello I just read ur message did the courts order what they call a gardenem of light (I know thats not how you spell it but its a lwyer for the kids it has nothing toi do with DSS ) But asked dss who the lawyer is and let them know they are way better than DSS and the judge will listen to what they say and they go visit the child and all. And she will asked the baby if and who loives there. Hope this helps I have been thru it with my forst 3 grandkids and got custody when they were taken. I dont care much for DSS. So be careful what you say to them they have a way of turning everything you say around. And find out when they go to court thru family courts. Do like I did go in the court room asked the judge if you can speak. He will listen.I hope this helps! Godd Luck !

  29. kristina
    December 1, 2011 | 12:25 PM

    also a house inspection was done at my home i passed and both of the grandparents had something wrong with there house, and i have a clean background not even a traffic ticket so how is it in the best interst of the child to leave her in foster care with no one she knows she is only a year in a half, please i really want to see her come home it hurts me every day i dont get to see her why cant the courts see!

  30. Steven poston
    January 7, 2012 | 8:53 AM

    Well on Nov 1st dss came out to our home. Checked our home out and said we need to get drug test next day. They also said we need to move. And they pay a deposit it was 2 days b4our stamps came in. Now we had fought ringworms and lice that my kids cought from our neighbors that we paid my mom to take them in late Sept. On Nov 3rd we took them to thier doctor. We waited 4 more than 2hrs so we walked out. The next day I called Don Ryan and he said he would call that Dr cuz the had to be seen so therefore the Dr knew they were investagatĺs and the pulled my oldest daughter out run saying our kids were dirty but I gt

  31. betty alsbury
    January 13, 2012 | 1:12 AM

    hello my grandkids were taken from my daughter-in-law this week. Well her ex-husband and his father and stepmother has contiues called dss on going for 3 yrs. now on false terms. The stepmother and grandfather only relly want the little boy but the father of the kids don’t want either but will cause trouble when his dad pays his child support for him.Whenever his child support get behind DSS gets called and stepfather pays. We have tried to make Dss see this but they don’t listen. The worker tried to get me to talk my daughter-in-law to give up her rights to them I told her no. My youngest grandson is 5 yrs. old and hes my sons. Dss walked into her house told her your husbands at the school getting your kids and we said he could keep them. We feel they are being targetted and the bot says your huband now beat him and picked him up by his throat. Mind you no marks were founded on this child and he has lied because they give him what he wants to lie. When she told the worker what you are doing is aagist the law the worker stated if your going to go at this then I will place your 2 kids in custody of us and still let them go with thier dad and I will have to take your youngest one to.So she knew this was a threat so she stopped and now that she asked about seeing her other 2 and asking when and since shes lied once we taped our conversation the day we went to ask about seeing kids. Well my 5 yr. old has been so upset that we had to take him to dr.and reasured him they won’t pick him up. They showed up tonight and took him and my husband was there and asked could we keep him because we already have 3 of my sons kids and the policeman said no.Now instead of placing him with family they stuck him in foster care. They took him out screaming and now I know hes scared to death. What can we do she has lied on the papers and we know how they can turn things around so what and how ? Thanks for your help

  32. Brianna
    January 21, 2012 | 2:16 AM

    Hi, my sisters 1st child was taken by DSS in march of 2008 because she and the baby tested positive for methamphetamine when she gave birth. She eventually got treatment and got him back in Aug. of 2009. She was living with her on again off again boyfriend of 10 years when she got him back from DSS. He is not the biological father of her son but he is her sons dad. He has been there for them from the day she found out she was pregnant and while she struggled with her addiction until she got treatment he was there for their baby. DSS allowed him visitation without her and discussed the case in detail with him. She and her boyfriend was giving joint custody. DSS spoke with the biological father and he agreed to this and has not been involved in anyway. When she got him back it was agreed between both custodial parents and DSS that she would never use again and was told if she did the boyfriend/daddy would have to take necessary action for the protection of the child and inform DSS of any knowledge of any drug use and he would automatically become the primary care giver of the child . The case was closed with DSS in Nov. of 2009 approx. 3mths later. She gradually became an alcoholic and moved from the home approx. 2 years later. He then went to DSS and informed them of the situation and told them that she basically replaced drugs with alcohol and wanted to know his rights to the child in fear that he could be taken from him. They told him that he had nothing to worry about, that he would not be taken from him. He also informed them that my sister just found out she was pregnant again and it too was not his baby. My sister admitted herself into an inpatient rehabilitation center in Aug. of 2011 for alcohol use. She also admitted to relapsing with methamphetamine prior to her knowledge of her pregnancy and informed them that she has not used drugs or alcohol once she was aware of the pregnancy. She was discharged from the center about a month later because she was not complying with her required daily scheduled treatment plan and got into an argument with one of the staff members. Within weeks of her leaving the center, at the beginning of Sept. 2011 she was arrested on a warrant for her arrest. She was incarcerated for 2mths and during that time she reconciled with her boyfriend/sons daddy. She received probation and was released in Nov. 2011. She moved back home with her son and boyfriend when she was released from jail. She continued to see her Dr. throughout the rest of her pregnancy. She was induced on Jan. 3, 2012 by her Dr. Sometime between her being admitted into the hospital and her giving birth she made them aware of her alcohol and drug use prior to her knowledge of her pregnancy. She was then told by staff members of the hospital that they have to inform DSS of their knowledge. DSS then took her baby into custody because of her “History with them and history of drug use” and felt the baby was at risk of harm. DSS had to wait for 2 policeman to come to the hospital before they could take him. Once they arrived they began asking me questions then asked the DSS ladies to step into the hall and asked me who was standing in the hall to go in the room with my sister for a moment and I did. The officers came back into the room and asked my sister if she had a relative the baby could stay with until Tues. because DSS did not have all the proper paperwork to take the baby and would not be able to get it until the following Tues. Sadly there we had no relative that would get the baby. The officer then asked my sister to let DSS take the baby so it would be easier for him and less papers for him to fill out. They still have her baby.

  33. Alley
    January 23, 2012 | 10:20 AM

    I have read through the posts and here is a link that some of you will find helpful…… http://www.fosteringconnections.org/…..best advice is to find a good atty and establish a family/community support system.

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