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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3057
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I m not sure. Was looking. Have a complicated situation that

Customer Question

I m not sure. Was looking for information. Have a long complicated situation that just got enormous. Can an officer enter on a well check? Is there a way to get a record of wellcheck calls from dispatch with dates and call details? What happens when courts become involved in a social service referral case? Whst if this is the THIRD case in 3 months and the first two were closed unsubstantiated with approx 15 days between now all 3. I tell them where it comes from. they cant tell me and ignore me about t. They question kids st school i dont know. My kids are distraught. Stressed want it to end. They have told them that. I hdve fornid the source from the children altogether about yhe time of first case and THIS escalation. 15 yrs. Kids whole life. Now it is crazy. Soc serv wellcks over and over police banging on drs and windows other times i dont know why. Its insane sick im beside myself dont know what who to turn to. Im really afraid and I HAVE DONE NOTHING TO CAUSE AN Y OF IT NOTHI.N
Submitted: 10 months ago.
Category: Criminal Law
Customer: replied 10 months ago.
My x and father of my two kids was a alcoholic, xx bipolar a terror for 15 years along with his parents. I fought got pro orders no contact orders stalking charges but it always got twisted where his dad was placed as the one transferring kids or they lied and put the kids in danger there is sooo much. He passed from cancer and ironically his dad a month earlier with a unexpected blood thing(?) . Now the mother his sister a couple ithe fam mem. Most all his mom. She is sick unbalanced is got to be psychological. Soc serv referrals of insane untrue made up accusations. Over and over. Well checks repeated . No one will listen or get it. Im being racked through the worst horrific nightmare. My kids are being torn in two. Now the third case in 3 each with about 15 days inbetween all of a sudden the courts are being included and I HAVE DONE NOTHING ABSOLUTELY NOTHING NONE OF IT. ANOTHER WELL CK TONIGHT THIS ONE SAYING A SUICIDE NOTE WAS INVOLVED. I HAVE NO IDEA ITS INSANE!!!! WE CANT LIVE WE ARE STRESSED BEYOND FUNCTION. MY KIDS DISTRUGHT THAT THEY COULD BE TAKEN. MY GOD!!!!! HOW CAN THIS BE? HOW DOES THIS HAPPEN. WHAT DO I DO WHO DO I TURN TO. I CANT AFFORD A LAWYER DOWNPYMT I DONT EVEN KNOW WHO TO LOOK FOR. IM DESPERATE ITS URGENT IM TERRIFIED AS ARE MY KIDS 12 AND 13. HLP PLZ PLZ PLZ
Expert:  Colleen Grady replied 10 months ago.

Hello. My name is Colleen *****. I have been an attorney for 26 years. I will help you with your questions.

Expert:  Colleen Grady replied 10 months ago.

I need to know what state you are in and what county.

Expert:  Colleen Grady replied 10 months ago.

Is there a protective order against your "x's" mother and sister?

Expert:  Colleen Grady replied 10 months ago.

I need to know what court is involved?

Expert:  Colleen Grady replied 10 months ago.

What county in Idaho are you in?

Expert:  Colleen Grady replied 10 months ago.

Whenever the Idaho Department of Health and Welfare get a report of neglect or abuse, the law says they have to look into it. They have to tell you there was a report.

Expert:  Colleen Grady replied 10 months ago.

Has the mother of you x made a petition in court to remove your children from your home?

Expert:  Colleen Grady replied 10 months ago.

The good news right now is that Social Services has not taken your kids from you. If they thought they were in immediate danger they could have took them away when they visited you. Has anything like that happened? If not, then that is a good sign.

Expert:  Colleen Grady replied 10 months ago.

The most important thing you have to do is remain calm with the police and social service workers who come to your home. Your calm manner will be part of their assessment as to whether your home is safe for your kids.

Expert:  Colleen Grady replied 10 months ago.

When you get back online, please answer my question and I will guide you.

Customer: replied 10 months ago.
Colleen.
I apologize for not getting back sooner. I AM DESPERATE FOR HELP. MY KIDS NEED HELP! I AM GOING TO ANSWER YOUR QUESTIINS AND ALSO EXPLAIN/fill you in thiriughly in get a little bit. I am in despair. THIS IS URGENT. I AM DESPERATELY TRYING TO GET THIS DONE. PLEASE STAYWITH ME.
Expert:  Colleen Grady replied 10 months ago.

I am here. Keep your focus and answer these questions for me so I can get some resources for you.

Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Colleen Grady replied 10 months ago.

I'm am going to opt out so that some other Expert can call you. I do not participate in Live Phone calls.

Customer: replied 10 months ago.
I didnt mean to hit that button!!!! Couldnt figure out what happened to my txt. Plz dont go
Expert:  Colleen Grady replied 10 months ago.

If you can answer the questions I asked, I will try to help you. This is what I need to know:

Is there a protective order against your "x's" mother and sister?

I need to know what court is involved?

What county in Idaho are you in?

Customer: replied 10 months ago.
Shoshone countyNo order. I discontinued any contact. I had no contest the first time so opted ignorantly for yhe end and just finally living.I dont know what court? Not sure of what you mean
Expert:  Colleen Grady replied 10 months ago.

Are the kids with you?

Customer: replied 10 months ago.
CASE NUMBER ***** IN A LITTLE OVER THREE MONTHS. First 2 closed found unsubstatiated.Yesterday the kids didnt get to come home AND WERE TAKEN TO GRANDMAS because since i was gone and didnt answer the door i am being uncooperative. So they take my kids put them in the worst place fir them because i was gone when they decided to just pop in?
Expert:  Colleen Grady replied 10 months ago.

What happened to the 3rd Case?

Customer: replied 10 months ago.
That is the one currently open. With the same worker who just 15 days earlier closed the 2nd with no proif or problems
Expert:  Colleen Grady replied 10 months ago.

They are required to report complaints. It does not matter the amount of days between complaints. Did they say why they took the kids? Did they say this was temporary? They would have to go to court to take them away permanently.

Customer: replied 10 months ago.
Because i didnt answer the door when they came. I cant answer if im not home. They said because if that i was not cooperating. It makes no sense to open a case for the same thing just found false by the same person. So she can call endlessly each time she finds iut ine closed for eternity. Thats ridiculous.7
Expert:  Colleen Grady replied 10 months ago.

What are the complaints claiming?

Customer: replied 10 months ago.
Im never told specifically. They just keep asking the kids if they have food. If they have clothes. How its going(?) It? Same every time.
Expert:  Colleen Grady replied 10 months ago.

Did you ask when they were returning the children to you?

Customer: replied 10 months ago.
I asked how they are and if they were coming home today.
Expert:  Colleen Grady replied 10 months ago.

Did they give you a response?

Customer: replied 10 months ago.
He said they would be staying with grandma tonight
Expert:  Colleen Grady replied 10 months ago.

Under Idaho Child Protective Act they have 48 hours to take your children in and "Emergency". After 48 hours of removing your children, they have to go to court for a "Shelter Care Hearing."

Here is the law:

ILD PROTECTIVE ACT

16-1609. EMERGENCY REMOVAL -- NOTICE. (1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:

(a) Take the child to a place of shelter; and

(b) Notify the court of the action taken and the place to which the child was taken; and

(c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.

(2) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.

Expert:  Colleen Grady replied 10 months ago.

They have to give you notice of this hearing. You have a right to be there. Here is the law:

CHAPTER 16

CHILD PROTECTIVE ACT

16-1615. SHELTER CARE HEARING. (1) Notwithstanding any other provision of this chapter, when a child is taken into shelter care pursuant to section 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child should be released shall be held according to the provisions of this section.

(2) Each of the parents or custodian from whom the child was removed shall be given notice of the shelter care hearing. Such notice shall include the time, place, and purpose of the hearing; and, that such person is entitled to be represented by legal counsel. Notice as required by this subsection shall be given at least twenty-four (24) hours before the shelter care hearing.

(3) Notice of the shelter care hearing shall be given to the parents or custodian from whom the child was removed by personal service and the return of service shall be filed with the court and to any person having joint legal or physical custody of the subject child. Provided, however, that such service need not be made where the undelivered notice is returned to the court along with an affidavit stating that such parents or custodian could not be located or were out of the state.

(4) The shelter care hearing may be continued for a reasonable time upon request by the parent, custodian or counsel for the child.

(5) If, upon the completion of the shelter care hearing, it is shown that:

(a) A petition has been filed; and

(b) There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either:

(i) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or

(ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and

(c) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and

(d) It is contrary to the welfare of the child to remain in the home; and

(e) It is in the best interests of the child to remain in temporary shelter care pending the conclusion of the adjudicatory hearing; or

(f) There is reasonable cause to believe that the child comes within the jurisdiction of the court under this chapter, but a reasonable effort to prevent placement of the child outside the home could be affected by a protective order safeguarding the child's welfare and maintaining the child in his present surroundings;

the court shall issue, within twenty-four (24) hours of such hearing, an order of temporary legal custody and/or a protective order. Any evidence may be considered by the court which is of the type which reasonable people may rely upon.

(6) Upon ordering shelter care pursuant to subsection (5) of this section, the court shall also order an adjudicatory hearing to be held as soon as possible, but in no event later than thirty (30) days from the date the petition was filed.

(7) If the court does not find that the child should remain in shelter care under subsection (5) of this section, the child shall be released and the court may dismiss the petition.

Customer: replied 10 months ago.
My kids are 12 and 13. They tell them this is grandma. Nothing is wrong. I have done nothing im case three of a unbalanced 80 yr old after 14 yrs of hell. Tbey had no grounds to renove my kids. This is urgent. This back and forth is like holding a match to my kids gasoline soaked clothing. I live in a town of less than 2500. 15 years same over over. My kids havent even gotton to live yet. COME ON....
Expert:  Colleen Grady replied 10 months ago.

In all this, you have to remain a rock for your kids. There will be a court process where your calm demeanor will make a difference.

Expert:  Colleen Grady replied 10 months ago.

You should call social services tomorrow and ask if they intend to proceed to a Shelter Care Hearing. If they say, yes, ask where your is. Show that you know the process and will be there.

Expert:  Colleen Grady replied 10 months ago.

It is important to show the court that you have provided a stable environment for your kids and will continue to do so.