GUSTAFSON LAW FIRM

Parental Defense

Were you accused of neglect or abuse of your child?

There is nothing more sacred than the bond between parents and their children. And there is no more sacred Part of our justice system than the presumption of innocent until proven guilty.

But in some cases, the Government has decided that protecting children overrides the right to a trial.

Of course if children are being harmed we would like to see them taken to a safe place, but all too often Social workers appoint themselves as the ultimate arbiter for children – even if there’s no proof of parental wrongdoing.

Free consultation directly with a lawyer (843)249-2252

A True Story (Names Changed)

It’s been nearly a year since Cindy “Smith” and her husband John “Smith” saw their granddaughters.
The last time they saw them was walking into the County Department of Social Services building in July.

The girls-ages two and four at the time-belong to “Smith’s” daughter. “Smith” and “Smith” helped raise them.

DSS took the girls from their mother earlier and placed with the “Smiths” through a process known as a kinship placement. Social workers never went to court to make the arrangement official.

Then social workers took the girls from “Smith’s” home and placed them with another relative.
Not long after the, the girls were placed with their respective fathers, records show.

None of the placements happened with the oversight of a judge. Social workers never went to court to get an order, despite a legal requirement to do so.

Horror stories

Families across the country share the stories of the over reach of government employees in what they claim is an effort to “protect children.”

While we realize that some families might need intervention, the system is weighted to taking children from their home and ripping families apart without due process.

Here are a few people’s stories:

In many cases, Department of Social Services (DSS) investigations are quick and take actions that may not be in the child’s best interest. If such a case is raised against your family, you will need a seasoned attorney. You should also understand what to know if DSS investigates you.

Why might DSS contact you?

Anyone who believes a child is in danger can notify DSS about it. If DSS is made aware of potential child abuse or neglect, a caseworker will investigate. Abuse might mean physical, sexual, or mental abuse. Neglect would involve failure to provide for a child’s basic needs. Even if it is only anonymous allegations, DSS might take action.
DSSworkers feel that their mission is to stop what they feel is harm from happening to children. Sometimes this means they might overstep their legal scope of work. These governemtnt employees might contact law enforcement, even if you have done nothing illegal. They act out of caution which might mean innocent parents could lose custody of their children.

A social worker or police officer could interview your child. They might also interview other children living with you, relatives, neighbors, or others. You should receive a call from the caseworker at the start of the investigation. But if the caseworker believes your child may be harmed, they might take immediate action. They might even custody of your child!

Can Social Services take my child?

This is a question that likely every parent who has ever been contacted by DSS has considered. It’sa legitimate question that should be raised to your attorney as soon as contact with DSS has occured. Social services does have the ability to remove your child(ren) even without a court hearing, although usually a hearing will probably take place.

Situations that might preclude a court hearing include:
Serious danger to the child by abuse or neglect
A parent is arrested and no one else can care for the child
A child is alone, needs to be with an adult, but the parents can’t be located

If your child is taken, they will be temporarily placed with a foster home or shelter. The parents will be notified where the child is unless DSS considers it unsafe to tell you.

What happens next?

You should contact your attorney right away. You will probably be very upset. Do not let your emotions go and lash out at police, Social workers or other oficials. Call (843)249-2252 and explain the contact you’ve had with DSS. Your lawyer can explain your rights and what to expect next. It’s very important to remain calm and let your attorney be the person that deals with the situation.

Usually there is a GAL (guardian ad litem) apponted as an advocate for the child(ren). This person advocates for the child’s interests. The GAL will present a report about the child with recommendations for what the court should do. The DSS will have its own attorney, and you should have one too. You may need to testify about the allegations against you. Meanwhile, they will have their own witnesses who testify about the abuse or neglect charges.

It is possible to settle your case with the DSS. This means a plan is put in place to address their concerns about your child. The judge will still need to approve this plan. On the other hand, the judge could decide on more drastic measures to protect the child.

Having Legal Representation Is Essential

It is strongly advised that you have an attorney at all stages of a DSS investigation and hearing. Your very rights as a parent could be in jeopardy. Often, cases overlap with ongoing child custody cases in family court. We can advise as to your rights and represent your best interests in family court.