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.


  1. My daughter, lost her children 2 year’s ago, 2011. Our family member’ have not seen her in 9 plus year’s. ( my daughter) We found her in Oct, 2013, and found this all out. I filed with our state and the state of Ohio, as soon as I got home. We went through DCF, here in our state and were approved for getting these 2 little babies, there is a closing case case, coming up when, these children are going to be placed within 10 day’s. The state of Ohio will not tell me anything, such as if I should be at the court case, or if I am even going to get these babies. The social worker’s from state to state are playing phone tag, so I have no answer’s from my worker. ( She to is getting frustrated.) I Have e-mailed and called the social worker 4 time’s this week and no response. By law aren’t the state’s supposed to try find family member’s once the children are placed in state’s custody? I am wondering, as a grandparent do I have a law suit against the state of Ohio? I hate for our family members to loose these babies, because of the lack of a social worker not getting back round information from the mother, and doing further investigation on family member’s. My daughter got in a terrible car wreck right before Christmas 2014, I drove out there asap, I met my grandson’s and fell in love. Please help.

    • Tifani Lathrop says:

      Be there d.s.s. here in n.c. took custody of my child due to the person I was living with they also have put serious charges against me that were not legal to charge me with I am fighting for my family to take her. God bless you if u come across a place that helps sue thrmlw me know please 336-406-7535

    • I’m in South Carolina my granddaughter has been in DSS custody for 3 years the things they have allowed that poor child to go through this horrible I am a loving grandmother and I always wanted her but because her mother doesn’t want her with me that has not happen the mother has since had three other children born with drugs in their system and in DSS custody it’s crazy where do I get help for this job now they want to put her up for adoption they said she’s young and pretty grandparents and our children

      • Sc Dss has done absolutely nothing but sling my grandchildren from one place to another and now they are with people that are not even family the mother gets them whenever she feels like it my granddaughter’s been moved from school to school the mother’s been charged with drugs been in the drug house DSS has two children from her two to three times and she keeps getting them back I’m the grandmother the only grandmother that’s capable but yet friends and family have went behind my back so they could get the kids aren’t their grandmother rights just because I’m not married I’m perfectly capable of taking care of them I do not have to work so therefore I have a home that is paid for and I can take care of them but for some reason there’s people in my family that don’t want me to because I State my opinion and do not hold back but my grandkids are not stable they jump from place to place and DSs allows it I thought stability was What mattered and staying close to the family not someone that’s not family I’m just so sick with DSS in Sumter County that I guess I need to hire a lawyer they are not about this interest of the children by no means

  2. June 1 is here and media are covering information about what
    to do if you are a victim of a hurricane, tornado, or major storm.
    Bathroom clogging is one of the most encountered complications
    in our everyday lifestyle. Lots of the plumber Manchester lists their enterprise on the internet and you can get
    a feel of the quality of the service that they supply by
    visiting the internet site.

  3. First of all I want to say wonderful blog! I had a quick
    question that I’d like to ask if you don’t mind.
    I was interested to find out how you center yourself and clear your head prior to writing.
    I’ve had a tough time clearing my thoughts in getting my thoughts out there.

    I do take pleasure in writing however it just seems like
    the first 10 to 15 minutes tend to be lost simply just trying to figure out how
    to begin. Any suggestions or tips? Thanks!

  4. I jus realized there wasn’t a court hearing in 72 hours. What happens in this case?

    • Tifani Lathrop says:

      D.s.s. shows proof that they had reason and cause to take custody of children H AVE AN ATTORnEY fight it if it isn’t true if it was do what they ask you to as quickly as you can

  5. Hello to every one, it’s really a nice for me to
    pay a visit this site, it includes priceless Information.

  6. nova martin says:

    I need the best atturney in greenville sc.I have to get my child back asap

  7. i have a question.my mother lose her rights by the courts in 2008 to my siblings(my two brothers)now she want to trying to get them back but i been having them for almost three years.she has never helped me or anything.will she be able to get them back?

    • Tripp Atkins says:

      Thanks for your question. The answer is, “it depends.” Primarily, it depends on how the 2008 order was written. If her parental rights were terminated by the 2008 order then she has no rights to try to seek custody of your siblings. If her custody was just suspended and her parental rights were not terminated then she could still seek custody. In that case, the court would have to determine if she has met all of the requirements of the 2008 order and would ensure that her having custody would be in the best interest of the minor children. I don’t necessarily have enough information to answer your question about whether she would be successful, but would be happy to schedule a consultation with you to discuss it if you would like to do that.

      • Tifani Lathrop says:

        Can you help me I was going through a rocky marriage with my husband I was visiting him for month or more to see if we could work things out because my baby girl doesn’t do well without daddy n mommy together at all. I have taught n protected loved spoiled my daughter. I would never hurt her or have her in a situation that could possibly cause her hurt. I promise the officer and intake worker planted something in my ROM that has now thrown serious charges at me and will ruin my nursing career. Please help I just want ym daughter BK I don’t care by the oyher

      • Lilly privette says:

        I have lost my children for thc but I have never even been drug tested they took all my rights and will not let me see or talk to my children I do not smoke weed and have asked them to drug test me but they will not I have been charged with neglect because some how one of my 3 kids had very low traces of thc in his system I googled how that could possibly happen and found out that if he touched someone’s jacket or hand or anything right after someone had smoked it could cause him to fail for low traces if you think you could help me pls conact me

  8. Candice Johnson says:

    I am in a horrible situation. I need help FAST. My only child was taken Feb 9th of this year. It was due to Domestic Violence and Marijuana use by her father. He is now in jail with no bail to post. I have a protective order in place for a year agenst him. I am fighting everyday for me to get my daughter back and DSS is the worst people I have ever dealt with. I have expressed with everything inside of me that I DO NOT WANT my family to get her (her grandparents). They are not good people and I have had no contact with them in years. DSS went behind my back and contacted them anyway and the last court section they showed up unannounced to me at court and stood up saying they are willing to take my daughter. My childhood was awful and I expressed that to them soooo many times. I was just told an hour ago they are giving my daughter to them sometime this week. I begged them to not do this and they said that is what the father wants (the one who is in jail mind you). I NEED TO STOP THIS!!!! please someone help.

  9. Gwenette Harold says:

    My son is in foster care. Social worker added conditions of his planning after the fact. Signed and checked that parent (me) knew of the addendum of mother will have psychological and parent training. No abuse at all in this case! I am 61 years and my son is 15 years. I believe I am being discriminated against and my civil rights violated.

  10. cynthia says:

    If I sign my rights over to my mother before social service try to take my.rights away what will happen???? I am afraid to sign to my mom but don’t want to lose to the state. I am scared and don’t know what to do . Please help me advise anything ….

  11. Accused for what they did it because their guilty my own family members what ashamed. They work for the law if i had a decision between the law or the streets ill go. Y the streets state laws do t see what they do they wash their hands that is why people behave like they want to good or bad its always their choise but for me i always said el juego es parejo. everythi g has to be down like they doit sorry but its true eveyo e has cola ke le pisen but sometimes o es worse than others ashamed of the law forwhat trial for what judgement el juego parejo

    • Yes that was another issue the mother of my grandchildren was giving information to the law and was put held at gunpoint and was with someone that overdosed and this is the kind of stuff the log exposes my grandchildren to they don’t care as long as I get information called an informant to get out of trouble that’s what she’s doing to inform the law to get herself out of trouble but they do not care about where the kids are or what kind of predicament they are put in the loan is going to do their own job instead of getting everybody else to do it especially putting little kids in danger

  12. A big issue with this is that most people that DSS go after can not afford an attorney, and the court will not appoint one until AFTER the hearing, if even then. I went to Family court multiple times and was denied an attorney because we ” hadn’t been to court yet”.

  13. Hi to all, since I am truly keen of reaqding this website’s post to be updated regularly.
    It includes good material.

  14. Shannon Smith says:

    URGENT!!! My Granddaughter has lived with her Mother in Colorado the past 5 years. Child is 9. Myself and childs Father live in PA. There has never been any type of court ordered custody arrangments. My Granddaughter is coming to PA to visit for a month. Her Mother is actively using, mother lives in a garage or anywhere she can find a spot, my granddaughter has been living with her best friends family the past 9 months. This family is supporting her in everyway they can. Mother has spoke of suicide, does not support her daughter in any way shape or form. The woman who is caring for my Granddaughter cannot take her back. Both myself and her Father and several other relatives invoved cannot see ourselves sending child back at the end of visit. There is no home for her to go to. Can her Father or myself (Grandmother) get sole custody of her. And if we kept her would that be kidnapping. We all want her to be in the safest environment and Colorado is not. Please help she will be here in 4 days!!!

  15. Hi how lone does your kids have to be in dss custom before your rights are taking a way am asking for a friend they have vist right they go to but just cant get a home are job that dss are them to to do ?

  16. i have a open dss case my kids are with foster parents and we have finshed are treatment plain but they are makin up stuff like going to a na class because of my family using drugs what should i do its been six months and they are makin up stuff for us to do

  17. Question??? Can dss from one state come to another state and take their child? My friend has previous kids taken from another state and im tryin my best to help her get through this.does any one have an answer?

    • Tripp Atkins says:

      Hi Brittany, It’s great that you are helping your friend out. DSS issues are complex and can extend across state lines. I don’t have enough information about your friend’s case now; however, if your friend is in the upstate, I would be happy to meet with them to discuss the case and see if we can help out.

  18. Completely lost says:

    I really don’t understand this I have 3 children that were taken last week my kid’s have never been away from me I am so heart broken my house wasn’t safe for the kid’s I tested dirty for weed I moved out of the house found a safe place for us there father is being looked into for sexual abuse 2 years ago when I found out I did everything right it was unfounded and the case was closed now they say I can’t have no contact with my children I never even did anything wrong I have a protective order against the will keep us safe I want my kid’s back so bad this is the worst thing that I have ever been through

  19. Design, Implement, Debug and Maintain Your Databases.
    As part of the endeavours made in order to deal with Human-resources difficulties, it.
    You need to want to guarantee your i – Pad away from areas
    where it may be exposed to liquids.

  20. Haley Bergeron says:

    My name is Haley Bergeron. My brother an I lived with our mom forever and we get taken away when we were 7 years old by a caseworker. I Promise u there was no other place that I would wanna be except for with my mom.. My mom is a country fun godly loving mother and my dad is a total ass hole. It all started when he met this girl off of Facebook name Lisa Gould. Well finnaly my dad fell in love with her and they got married aNd as ruined me and my moms and brothers lives. We have had a court case going on for 7 years now beside of my step mom lying about my mom trying to get her introuble. Finally now I’m 14 goin on 15 in September. My mom and dad have joint custody but Lisa is trying to ruin it for me and my brother. My brother is 16 years old and me and him were at a friends house when my mom had to work on her weekend. So she allowed us to go to a friends house and me and my brother smoked some marjuina. It was our first time and we are teenagers so were obviously gonna try stuff but my mom neve knew about it.well we come back home from our moms and my step mom drops off a drug test so my brother and I could take one. Well we didint pass it and now my stepmom is trying to get my dad to he revenge on my real mom so now just when we got done getting out if a court case for 8 years there doing it again and my mom didn’t know we did it so now there trying to make stuff up like my mom and step dad are giving us methinfedomines And weed ad we share half our profit wen we sale it with them. Well the point is that my brother and I are not allowed to be around my stepdad so that’s a lie and my mom don’t do that stuff. So anyways I just hope to God every night that I can just got live with my mom again.

  21. My boyfriend and I both got arrested dss didn’t take custody they jus placed her with my neighbor friend will it be easier for me to get my daughter back this way

  22. April Martin says:

    Help… My children were taken and not one promise that dss has made has been kept. We have family with a clean bk ground but yet my children are still with strangers who do not allow us to speak to them. My son is supposed to go in to honors classes this school year and he has been stuck in a boys home for almost 2 months. He deserves to be rewarded not punished for our mistake. We did not get into any trouble, someone got mad and made alligations on us, dss came out went through my home with only my mother n law n my 4 yr old home n took pictures, went to bedrooms n took pictures n left everything they took pictures of n took my kids with them. There was no home owner at home at the time to give them consent to search the home. My mother was taken from us last year by a careless drunk driver so yes i made mistakes i had a hard year but my home life was not part of my mistakes, i did not do drugs around my kids but i did smoke pot. My kids are being punished because i tested positive and this is so unfair. My kids should be with family. Instead they and us are being lied to and ignored by the caseworkers. School starts back soon and my son should b rewarded for his hard work not treated like a criminal locked down in a boys home. Please help

  23. I have had an open day case for going on a year. My children were removed because my husband and I were babysitting a child who was brought to us with bad bruise’s. I did not call cps tho I should. This child went unconscious and later passed away. Tgey are saying it was my husband who caused this and it absolutely untrue. My kids are now with grandparents. But court is saying if I continue to have talks with my husband they will never give me my kids back is this legal. I know he is innocent and I am not even allowed to mention him with my kids. I feel like everything they have done is wrong and unethical. I need help please some information on how to handle this.

  24. I have had an open day case for going on a year. My children were removed because my husband and I were babysitting a child who was brought to us with bad bruise’s. I did not call cps tho I should. This child went unconscious and later passed away. Tgey are saying it was my husband who caused this and it absolutely untrue. My kids are now with grandparents. But court is saying if I continue to have talks with my husband they will never give me my kids back is this legal. I know he is innocent and I am not even allowed to mention him with my kids. I feel like everything they have done is wrong and unethical. I need help please some information on how to handle this.

  25. Cys in greensburgh took my kids off me gave them to there father who is a stranger he only seen them once in three years they took them off for false exuzations

  26. My two children one 8 years old and other 21months old was taken from me 3 weeks ago i have had an extensive relationship with child and youth services… But never ever tested positive for a drug I wasn’t prescribed. My sons dads in jail and has been since 2014 so my 8 year old has been through a shit ton and some on my part but I have a job and a ranch home for me and my boys. My oldest went to school and said I scratched him which happened while I was trying to get an iPad from him after he said the f word… It’s called parenting, never ment to scratch him. Next day they come in and take both my boys and at the 10 day hearing decided to keep them in fostercare. My father has just decided he will take my boys till I do what I need to which I will part oceans for I am not a person without them I am there mother and with them gone I am completely broken. If I hand custody over to my dad will it be Easier for me to gain custody verse going through reunification?

  27. Jennifer Eason says:

    I need help. My children were taken from me by dss. It has been 3 years and I’ve already had a stroke. I’m on disability but I still take care of my children. I buy them clothes and feed them when I get to see them. I only get to see them once a month and it’s killing me. I want my babies back so bad. I don’t do drugs or drink. I live with my aunt and help take care of her. I have a court appointed lawyer and their not doing anything. I don’t know what to do!! Can you please help me?

  28. The other daʏ, while I was at work, my cousin stole my iphone and tested to sеe if it can survivе
    a 25 fоot drop, just so she can be a youtube sensation.
    Ⅿy apple іpad is now broken and she has 83 views. I know this is
    completely off topic but I had to share it with someone!

  29. Alisha hudson says:

    Hi my name is alisha Hudson I am in need of help my baby who had a problem with digest milk was losing weight and I never know why so she in the emergency room it her second time but dss here in Greenville nc are making out to be something it not I already sign paper that I talk to them I only did what the doctor told me to do now they trying to take my child can some one please help thank u

    • I had a son that had same problem he born with muscle enlarged and the doctor had cut muscle and he is 31 years old now . Tell dss that you did nothing wrong they can contact me i live in north carolina and i know for a fact this is condition that babys are borned with and you did nothing wrong . I am praying for you .. vicky

    • my son was born with enlarged muscle in his stomach and he had digestive issues and he could not drink regular milk and he had surgery to have muscle cut in stomach so he keep milk down. It was condition he was born with and thanks to Doctor he fix the problem and he is 31 years old today and he has no problems now. I hope the dss realize that there are kids that born with enlarged muscles and they need surgery to fix problem . I am praying for you all. vicky

  30. I had a son that had same problem he born with muscle enlarged and the doctor had cut muscle and he is 31 years old now . Tell dss that you did nothing wrong they can contact me i live in north carolina and i know for a fact this is condition that babys are borned with and you did nothing wrong . I am praying for you .. vicky

  31. I see you don’t monetize your website, don’t waste your
    traffic, you can earn additional bucks every month because you’ve got hi quality content.
    If you want to know how to make extra money, search for: Boorfe’s tips best adsense alternative

  32. It’s really a cool and useful piece of information.
    I am satisfied that you simply shared this useful
    information witth us. Please keep us up to date like this.
    Thanks for sharing.

  33. If you are going for best contents like me, simply
    go to see this site everyday since iit gives feature contents, thanks

  34. Having read this I believed it was very enlightening.
    I appreciate you spending some time and effort to put this information together.
    I once again find myself personally spending a lot of time both reading and leaving comments.
    But so what, it was still worth it!

  35. I lost my kids in 2008 when my 3rd child was born with drugs in her system. Yes I’m at fault for the pain I now suffer in. I take full responsibility for my actions. The thing about DCFS they are dirty most of them don’t care about the well being of the child. My first born only son is a result of me being raped by my cousin whn I was 16. At the first court date as I was leaving the csw comes up to me and says to me. Ur son said he was molested by his dad do you believe him? Overwhelmed with mixed negative feelings I answered yes, especially when there’s no way this just turned 6 boy could describe it as he did. He has been in and out of foster homes group homes, they even have my cousin custody in 2016. Which didn’t last bcuz my cousin cudnt handle my son. He sent him back to group home after being in a mental hospital a month. A few days back in group home they send him off to public school. Can somebody please tell me how this kid during early class hours makes his way to the field which was a distance. Climbs a tall fence take a belt(he was wearing sweat pants) and hangs himself. By the grace of God to runners in a park adjacent from school noticed and ran to his rescue. He hung 5-7 minutes. At the hospital they put him on hypothermia for 4-5 days. He’s doing okay but he’s in a high level security Adolescent center. The guilt I carry for what this child has been through eats away at me constantly. He calls me every night on 10 call. I take him hygiene as much as possible. I miss my girls so badly. The only reason I can’t take my own life is bcuz I’ve already caused my children enough heartache and pain. I’m rambling to much. So sad and depressed. Lost these days in the worst relationship.😭😭

  36. My kid reported me to the school for spanking him. Both my kids were taken and placed into foster care. DSS wants me to do a psychological evaluation. It has not been court ordered. I asked the case worker if I could get my own psychiatrist. She said, “no, you have to use the one we select.”.???? Sounds like a set up to me. what can I do? what are my options

  37. I have an open case with DSS they came in without a court order or an officer and placed my kids with their grandparents they said I legally still have custody of my kids and this is a temporary placement but we did not have a 72 hour probable cause hearing because my caseworker said they were not sent to foster care so they did not have to have a probable cause hearing plus there is a court order at the school that says me nor my husband can get our daughter from school but I was never notified of this plus I never got a copy of this court order so how can they get a court order for us not to pick her up from school but did not get a court order to take them from us how did this happen??

Speak Your Mind