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LegalEagle
LegalEagle, Family Law Attorney
Category: Family Law
Satisfied Customers: 1473
Experience:  12+ years of litigation experience. 100's of dissolution proceedings successfully litigated.
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HI my sister had an issue whith her boyfirend where he got ...

Customer Question

HI my sister had an issue whith her boyfirend where he got arrrested for screaming and cussing at her and threatening her. now departement of children services wants to talk to the kids. can they legally get them involved ?they keep calling looking for them and they are fine. I talk them every day and they are staying with a freind of mine. Can they just go into someone''s house?
Submitted: 8 years ago.
Category: Family Law
Expert:  Leslie D. replied 8 years ago.

Hello,

Child Protective Services has broad discretion in investigating a situation which they believe places children in danger. CPS can get involved and ask the children questions, and they can enter someone's house to do an investigation to ensure that the children are safe.

What state are you located in? I can provide you with some of the guidelines that CPS must follow in your particular state if you let me know where you are located.

Thanks,

Leslie

Customer: replied 8 years ago.
Reply to Leslie D.'s Post: florida
Expert:  Leslie D. replied 8 years ago.

Unfortunately, I haven't been able to access Florida's administrative code online. Although I can look up the relevant chapter of code, (65C), the links will not take me to the text of the statute. Generally, however, child protective services has very broad discretion in its investigations, and as long as there is a basis for the investigation, (the boyfriend's conduct here), child protective services will be able to conduct an ongoing investigation to ensure that the children are safe. If the children are safe from danger, then it's most likely that CPS will conduct its investigation, find that the children are safe, and close the investigation. You may want to just cooperate with CPS and get the investigation moving forward.

If you feel that CPS is acting inappropriately, I would recommend contacting an attorney who practices in administrative law. He or she will be able to help you pursue remedies available to you under Florida's administrative code. If you are living on a low income and cannot afford, an attorney, please visit this website: www.ptla.org/links/services.htm. This site provides links to organizations which provide free or low cost legal services to those in need.

Please let me know if you have any other questions. If this answers your question, please click "accept" so I may receive credit for my answer.

Thanks,

Leslie

Customer: replied 8 years ago.
Reply to Leslie D.'s Post: Hi, the state took the children, how do i get them back? or atleast get rights to visist, the angels are probrably terrified away from their mother
Expert:  LegalEagle replied 8 years ago.
Let me see if I can assist you in Leslie's absence. First, there will be a hearing within 72 hours of the taking of your children wherein the DCS will have to establish that your children are more likely than not children in need of services from the State. They must also prove that these services will not likely be rendered without the coercive intervention of the DCS and lastly that the children are potentially in harm's way if not detained by the DCS. If you can prove any of the these requirements are NOT true, the children will be returned to you. The key here is to explain that the children are in no danger. Next time, if CPS needs to interview the kids, DON'T HIDE THEM. Whenever there is a report of kids, CPS must investigate. If they have too much trouble being able to verify the safety of the kids, it makes them paranoid and they then seek a court order to take the children. Convince the Court and CPS that all you want is what is best for the children. That you're willing to cooperate and that there is no need for court intervention. That you're willing to voluntarily comply with any services suggested by DCS that appear reasonable. Does this make sense?
LegalEagle, Family Law Attorney
Category: Family Law
Satisfied Customers: 1473
Experience: 12+ years of litigation experience. 100's of dissolution proceedings successfully litigated.
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Customer: replied 8 years ago.
Reply to LegalEagle's Post: I am accepting answer thank you for the help. I am out of state in wa and my sister and her kids are in florida. I want to help her. the shelter hearing occured and i was not told when. They said there were no visitations allowed from anyone and that there would be a hearing on the 14th of May. :( Should i hire an attorney to help get these back to thier mother? They asked me if i want to be considered for placement for the kids , i told them they should be returned to mother, ( those kids are not abused children) The little boy had a bruise on his cheek, and assumed he was beat? i think its ridiculous and the fact that i am the praternal aunt and not allowed to see the children seems ridiculous, what do you think?

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