Comments on: What Happens If DSS Takes Your Children?

By: Emily

Emily — Thu, 29 Jul 2010 17:52:55 +0000

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?

By: Tripp

Tripp — Tue, 20 Jul 2010 16:38:38 +0000

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).

By: k

Tue, 20 Jul 2010 03:50:01 +0000

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

By: Tripp

Tripp — Wed, 14 Jul 2010 12:28:23 +0000

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.

By: Felicia

Felicia — Wed, 14 Jul 2010 12:15:13 +0000

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?

By: Mary

Mary — Wed, 07 Jul 2010 19:10:05 +0000

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.

By: Lorie

Lorie — Sat, 01 May 2010 18:18:48 +0000

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.

By: Tripp

Tripp — Sat, 06 Mar 2010 01:55:56 +0000

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.

By: Janette

Janette — Sun, 28 Feb 2010 04:16:26 +0000

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.

By: Tripp

Tripp — Mon, 11 Jan 2010 16:53:29 +0000

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.