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Child Custody Issue w/ DFCS Georgia

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  • Child Custody Issue w/ DFCS Georgia

    A friend of mine recently had her child taken and placed in her mother's house by her local DFCS (Oconee County). The reason behind this was that her boyfriend's ex-wife called and said they were drug users. Based on this statement alone, the child was taken away, and they were both told they would have to pass a drug test before any of their children could come back.

    To me, this seems like it would be highly illegal. My understanding is that there has to be a 30 day, ongoing investigation, which both of the parents would know about before any action could be taken.

    Now, the mom did go for her drug test, but instead of a urine test, they insisted on a hair test.

    What can we do to get her child back to her? Also, in the event she tests positive (I honestly don't know if they do anything), but the process DFCS took was illegal, can she still get her child back?

    Thanks for any help.

  • #2
    Nothing you have mentioned is illegal.

    That is what DFCS does. It investigates child abuse situations. Apparently, they believed, between the tip and the visit, that there was reason to assume the child was in jeopardy.

    Tell your friends to go through the test and to regain their child. If she tests positive, she will have to work with the state to get treatment to regain custody.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      yep- when they visited the home, there was something that tipped them off. The fact that they went for a hair test in more conclusive to this. If she passes the hair test- then the kids come back. If she doesn't - then she doesn't deserve to have them

      Comment


      • #4
        Ok, here's the thing...There was no visit. The DFCS worker showed up at the grandmother's house (where the child was visiting), and said the grandmother had to sign a release saying she wouldn't give custody to the mother, and if the mother picked up her child, the grandmother was supposed to call the Sheriff. They never visited the actual residence.

        As for the hair folicle test, my understanding is that that's the new standard for GA DFCS.

        Comment


        • #5
          well, there had to been some kind of proof. Because DCS doesn't take them for no reason. There are too many kids in care for them to do that. (we know, biomom was investigated 4x before DCS did anything about it)If she's not using, then she needs to get the hair test done asap and get her kids back.

          Comment


          • #6
            Ok...so if they didn't have any proof (other than hearsay, which won't hold up in a criminal lawsuit, but I believe will in a civil one), would that be illegal? If so, what action can they take about it?

            And, she did go in for the hair test, but they haven't received the results yet.

            Comment


            • #7
              There is a difference between hearsay and a tip.

              You are correct, Hearsay does not hold up in court. However, a tip can launch an investigation and the results of the investigation CAN be used in court.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

              Comment


              • #8
                They did not follow Social Services Manual protocol!

                First, let me say that those people who just believe that DFCS was right blindly, are the same people who call DFCS to try to get help for someone less fortunate than themselves. DFCS is so powerful that they think they do not need to follow the SSM, and the judges are to afraid to stand up to them. THe depth of DFCS hold on the community form police men to therapist, to schools, to nurses and doctors, is amazing and wrong. When did we start to NOT stand up for what is right? They had no legal authority other than their own GOD self belief when they took those children. They should have had an initial investigation to determine if the tip was legitmate or not. What they did is skip all the way to the emergency evacuation process. This process must be adhered by, but with DFCS they seem to think that regardless of the proper process they can take the children at any time. The should have gotten an emergency evacuation form signed and dated by the overseeing Judge and with that EAP they should have had the proper documentation to back up the necessisty of such an order. AN EAP should only be used if DFCS feels that the child's life is in DANGER, and not for any other reason. You need to fill out a form to get copy of the records, and by law you can get a copy. look for the SSM on line to find the form. You also can get a copy of all the documents filed from the state and judge through the courthouse (the parent of child must do). This will tell you if they had an emergency order at the time of removing the children from the home. 9 out of 10 times they do not. If it is on the weekends or a holiday or after business hours, they must get the EAP signed by a judge within hours from the first open business day. Many time DFCS just goes and takes the children away, without any documents to prove abuse exists or not. Unfortunately, it seems that the law is on their side, because people are afraid to stand up to them, if you are angry enough, you need to educate yourself on the SSM and georgia family law, the judges benchbook, juvenile processes. Don't let them see you coming. Never go into a room with DFCS alone, and for your sake always hide a tape recorder or better yet a mini camera with sound somewhere. They will bully you and scare you until you sign what they want. If you are ready for the fight don't let them win, thankfully your children are not in the system they are with a relative.. You have every right to contact them and to know where they are and they have every right to contact you. YOU NEED TO EDUCATION YOURSELF BEFORE YOU GO ANY FURTHER OR SIGN ANYTHING> GET A GOOD ATTORNEY, CALL AROUND, ONLY THOSE WHO HAVE THE COHANAS TO FIGHT WILL TELL YOU YES THEY CAN. DON"T TRUST A NOVICE. YOU NEED SOMEONE WHO KNOWS THE SYSTEM. LOOK OVER IN JONESBORO, THEY HAVE A LAWYER OVER THERE THAT is not afraid of DFCS, and is schooled in the SSM and DFCS system. If your sister is innocent you must fight. they will try to scare you to believe that they can do what ever they want so you better sign, DON"T. Cover yourself. A digital tape recorder records for hours and is small enough to fit in a pcoket or a purse. DON"T TELL ANYONE THAT YOU ARE DOING IT, THEY HAVE NO RIGHT TO SEARCH YOU. I HOPE YOU ALL THE BEST and pray that you do not let DFCS get away with another child abduction.

                Comment

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